E/CN.4/1999/63/Add.2 page 18 (vi) Legal remedies 90. The remedy against a judgement by the High Court (“faceless” or open), although referred to as annulment, is designed to bring about a modification of the judgement regarded as unjust. This remedy can be lodged either by the prosecutor or by the convicted person. 91. The first-instance judgement is reported to the Supreme Court prosecutor, but no special action by the defence lawyer is provided for, although written submissions are permitted. A panel of judges appointed by the President of the Supreme Court hands down the judgement, stating whether or not the sentence appealed is annulled. 92. Between 1993 and 1997 the Supreme Court heard 5,339 cases for offences of terrorism and overturned 844 judgements (15.81 per cent). (b) Military courts 93. In cases relating to the offence of treason which are tried by military courts, the procedure is similar to that for the offence of terrorism, with some significant differences: (a) The time limits are reduced by up to two thirds: the investigation thus lasts for up to 10 days, extendable by 6 days. The oral proceedings cannot last for more than five days, and the remedy of annulment must also be decided within five days. Moreover, since September 1982, summary proceedings are applicable to these offences for trials in the theatre of operations, which require the judge to rule within 10 days; (b) Originally, legal remedies such as habeas corpus were not admissible at any stage of the proceedings, but it has since been restored with certain conditions; (c) However, the time limit for the police investigation is not reduced; extrajudicial detention, by the National Police of Peru in the case of the offence of treason and authorized for a period of 15 days, can be extended for the same amount of time, at the request of DINCOTE; (d) Incommunicado detention can be extended for the entire period of extrajudicial detention; (e) Neither persons who contributed to the sworn statement nor the members of the Armed Forces who carried out the arrests can be called as witnesses; (f) No benefit of any kind established in the Penal Code or in the Code on the Enforcement of Criminal Sentences is applicable to persons who are awaiting trial or have been convicted; (g) The examination and the sentence in first instance are the responsibility of a military judge; the trial takes place in a court martial, with the only counsel being a military lawyer;

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